McLaughlin v. International Ass'n of Machinists and Aerospace Workers, AFL-CIO, Local Lodges 751-A and 751-C, AFL-CI

• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)
• Writing for the Court: Before TANG and CANBY; BRUCE R. THOMPSON
• Citation: 847 F.2d 620
• Parties: 128 L.R.R.M. (BNA) 2694, 109 Lab.Cas. P 10,523, 11 Fed.R.Serv.3d 474 Ann McLAUGHLIN, * Secretary of Labor, United States Department of Labor, Plaintiff-Appellant, v. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS,LODGES 751-A AND 751-C, Defendants-Appellees.
• Docket Number: LOCAL,AFL-CI,No. 87-3902,87-3902
• Decision Date: 06 June 1988

Page 620

847 F.2d 620 128 L.R.R.M. (BNA) 2694, 109 Lab.Cas. P 10,523,
11 Fed.R.Serv.3d 474 Ann McLAUGHLIN, ^* Secretary of Labor, United
States Department of Labor, Plaintiff-Appellant,
v.
INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO, LOCAL LODGES 751-A AND 751-C,
Defendants-Appellees. No. 87-3902. United States Court of Appeals,
Ninth Circuit. Argued and Submitted March 10, 1988.
Decided June 6, 1988.

George R. Salem, Sol. of Labor, John F. Depenbrock, Associate Sol., Helene Boetticher, Counsel for Litigation, Denise M. Sudell, Atty. U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

Hugh Hafer, Cheryl French, Hafer, Price, Rinehart, & Schwerin, Seattle, Wash., for defendants-appellees.

Appeal from the United States District Court for the Western District of Washington.

Before TANG and CANBY, Circuit Judges, and THOMPSON, ^** District Judge.

BRUCE R. THOMPSON, District Judge:

This is an appeal from an order dismissing actions by the Secretary of Labor to set aside elections conducted by two labor unions. Defendants are the International Association of Machinists and Aerospace Workers, AFL-CIO, Local Lodges 751-A and 751-C. The two Local Lodges are chartered by and subordinate to the International Association of Machinists and Aerospace Workers, AFL-CIO. Also involved is District Lodge 751 of the International Association of Machinists and Aerospace Workers. The two Local Lodges and the District Lodge are alleged to be entirely separate and independent from one another and will be so treated for the purposes of this opinion. The two actions were consolidated and assigned to a United States Magistrate with the consent of the parties.

Page 621

The district court had jurisdiction pursuant to 29 U.S.C. Sec. 482(b). Appellate jurisdiction is granted by 28 U.S.C. Sec. 1291. The district court dismissed the actions because of the refusal by the Secretary to join the District Lodge as an indispensable party. A dismissal under Rule 12(b)(7) Fed.R.Civ.P. ("failure to join a party under Rule 19") is subject to de novo review. Franz v. East Columbia Basin Irrigation District, 383 F.2d 391 (9th Cir.1967).

The dispute arises from the 1984 elections of officers for the local unions. The Secretary contends that the locals violated Sec. 401(g) of the Labor-Management Reporting and Disclosure Act of 1959 (the Act) 29 U.S.C. Sec. 481(g) because the locals permitted the District Lodge to use District Lodge funds to support a slate of candidates for office in the locals' elections. During the locals' election campaigns, a number of the District Lodge's business representatives and staff members allegedly campaigned during paid working hours on behalf of the locals' incumbent slates. Subsequently, members of each of the locals protested each election to the international. After receiving a denial of their protests from the international, two members complained to the Secretary and these...